Operating Costs Defined. Operating Costs shall mean any amounts paid or payable, whether by Landlord or by others on behalf of Landlord, arising out of Landlord's ownership, maintenance, operation, repair, replacement and administration of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Lease, including, but not limited to, rent interruption insurance, and any deductible amount applicable to any claim made by Landlord under such insurance; (c) the cost of security, janitorial, landscaping, window Cleaning, garbage removal and trash removal services; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systems; (e) the cost of all gas, water, sewer, electricity, telephone and any other utilities used in the maintenance, operation or administration of the Office Building; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any of the foregoing services; (g) auditing, accounting and legal fees and costs; (h) the cost of repairing, replacing, operating and maintaining the Office Building, and the equipment serving the Office Building; (i) the cost of the rental of any equipment and signs (not including Tenant's signage); (j) amortization of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publication; (k) all management fees; (I) administration costs and fees; (m) capital expenditures which are required by law and/or which result in a substantial labor or cost saving device or operation, in which case the capital expenditures shall be amortized over (10) years and included by Landlord to conduct any environmental tests required by State or Federal Law, including administrative agencies, or by Landlord.
Appears in 4 contracts
Samples: Lease Agreement (Netmaximizer Com Inc), Lease Agreement (Netmaximizer Com Inc), Lease Agreement (Netmaximizer Com Inc)
Operating Costs Defined. Operating Costs shall mean any amounts paid or payable, whether by Landlord or by others on behalf For the purposes of Landlord, arising out of Landlord's ownership, maintenance, operation, repair, replacement and administration of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Lease, "Operating Costs" shall mean all costs and expenses accrued, paid or incurred by Landlord, or on Landlord's behalf, in respect of the use, management, repair. service, insurance, condition, operation and maintenance of the Building including, but not limited toto the following: (a) salaries, rent interruption insurancewages and benefits of all persons who perform duties in connection with landscaping, parking, janitorial and general cleaning services, security services and any deductible amount applicable to any claim made and all other employees engaged by Landlord under or on behalf of Landlord; (b) payroll taxes, workmen's compensation, uniforms and related expenses for such insuranceemployees; (c) the cost of securityall charges for oil, janitorialgas, landscapingsteam, window Cleaningelectricity, garbage removal any alternate source of energy, heat, ventilation, air-conditioning, refrigeration, water, sewer service, trash collection, pest control and trash removal servicesall other utilities, together with any taxes on such utilities; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systemspainting non-tenant space; (e) the cost of all gascharges for rent, watercasualty, sewerliability, electricityfidelity and other insurance maintained by Landlord, telephone and including any other utilities used in the maintenance, operation or administration of the Office Buildingdeductible amounts incurred with respect to an insured loss; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any all supplies (including cleaning supplies), tools, materials, equipment and personal property, the rental of the foregoing servicespersonal property and sales, transaction privilege, excise and oilier taxes on the personal property; (g) auditing, accounting depreciation of hand tools and legal fees and costsother moveable equipment; (h) the cost of repairingall charges for window and other cleaning, replacing, operating and maintaining the Office Buildingjanitorial, and the equipment serving the Office Buildingsecurity services; (i) the cost of the rental of any equipment and signs (not including Tenant's signage)charges for independent contractors; (j) amortization the cost of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined repairs and replacements made by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above its expense and the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publicationfees and other charges for maintenance and service agreements; (k) all management feesthe cost of exterior and interior landscaping; (Il) administration costs relating to the operation and feesmaintenance of all real property and improvements appurtenant to the Building including, without limitation, all parking areas, service areas, walkways and landscaping; (m) the cost of alterations and improvements made by reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (n) all management fees and other charges for management services and overhead costs (including travel and related expenses), whether provided by an independent management company, Landlord or an affiliate of Landlord, not to exceed, however, the then prevailing range of rates charged in comparable office buildings in tile metropolitan area set forth in Article 1.20; (o) the cost of any capital expenditures improvements or additions which are required by law and/or which result in a substantial labor improve the comfort or cost saving device or operationamenities available to tenants of the Building, in which case the capital expenditures provided, however, that any such costs shall be amortized with interest over the useful life of the improvement or addition; (10p) years the cost of any capital improvements or additions which are intended to enhance the safety of the Building or reduce (or avoid increases in) Operating Costs, provided, however, that any such costs shall be amortized with interest over the useful life of the improvement or addition; (q) the cost of licenses and included by Landlord permits, inspection fees and reasonable legal, accounting and other professional fees and expenses; (r) taxes (as defined below); and (s) all other charges properly allocable to conduct any environmental tests required by State or Federal Lawthe use, including administrative agenciesmanagement, or by Landlordrepair, service, insurance, condition, operation and maintenance of the Building in accordance with generally accepted accounting principles.
Appears in 2 contracts
Samples: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)
Operating Costs Defined. Operating Costs shall mean any amounts paid or payable, whether by Landlord or by others on behalf For the purposes of Landlord, arising out of Landlord's ownership, maintenance, operation, repair, replacement and administration of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Lease, "Operating Costs" shall mean all costs and expenses accrued, paid or incurred by Landlord, or on Landlord's behalf, in respect of the use, management, repair. service, insurance, condition, operation and maintenance of the Building including, but not limited toto the following: (a) salaries, rent interruption insurancewages and benefits of all persons who perform duties in connection with landscaping, parking, janitorial and general cleaning services, security services and any deductible amount applicable to any claim made and all other employees engaged by Landlord under such insuranceor on behalf of Landlord; (cb) the payroll taxes, workmen's compensation, uniforms and related expenses for such employees; (c)the cost of securityall charges for oil, janitorialgas, landscapingsteam, window Cleaningelectricity, garbage removal any alternate source of energy, heat, ventilation, air-conditioning, refrigeration, water, sewer service, trash collection, pest control and trash removal servicesall other utilities, together with any taxes on such utilities; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systemspainting non-tenant space; (e) the cost of all gascharges for rent, watercasualty, sewerliability, electricityfidelity and other insurance maintained by Landlord, telephone and including any other utilities used in the maintenance, operation or administration of the Office Buildingdeductible amounts incurred with respect to an insured loss; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any all supplies (including cleaning supplies), tools, materials, equipment and personal property, the rental of the foregoing servicespersonal property and sales, transaction privilege, excise and oilier taxes on the personal property; (g) auditing, accounting depreciation of hand tools and legal fees and costsother moveable equipment; (h) the cost of repairingall charges for window and other cleaning, replacing, operating and maintaining the Office Buildingjanitorial, and the equipment serving the Office Buildingsecurity services; (i) the cost of the rental of any equipment and signs (not including Tenant's signage)charges for independent contractors; (j) amortization the cost of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined repairs and replacements made by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above its expense and the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publicationfees and other charges for maintenance and service agreements; (k) all management feesthe cost of exterior and interior landscaping; (Il) administration costs relating to the operation and feesmaintenance of all real property and improvements appurtenant to the Building including, without limitation, all parking areas, service areas, walkways and landscaping; (m) the cost of alterations and improvements made by reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (n) all management fees and other charges for management services and overhead costs (including travel and related expenses), whether provided by an independent management company, Landlord or an affiliate of Landlord, not to exceed, however, the then prevailing range of rates charged in comparable office buildings in tile metropolitan area set forth in Article 1.20; (o) the cost of any capital expenditures improvements or additions which are required by law and/or which result in a substantial labor improve the comfort or cost saving device or operationamenities available to tenants of the Building, in which case the capital expenditures provided, however, that any such costs shall be amortized with interest over the useful life of the improvement or addition; (10p) years the cost of any capital improvements or additions which are intended to enhance the safety of the Building or reduce (or avoid increases in) Operating Costs, provided, however, that any such costs shall be amortized with interest over the useful life of the improvement or addition; (q) the cost of licenses and included by Landlord permits, inspection fees and reasonable legal, accounting and other professional fees and expenses; (r) taxes (as defined below); and (s) all other charges properly allocable to conduct any environmental tests required by State or Federal Lawthe use, including administrative agenciesmanagement, or by Landlordrepair, service, insurance, condition, operation and maintenance of the Building in accordance with generally accepted accounting principles.
Appears in 1 contract
Operating Costs Defined. For the purposes of this Lease, "Operating Costs ------------------------- --------- Costs" shall mean any amounts all costs and expenses accrued, paid or payable, whether incurred by Landlord or by others on behalf of Landlord, arising out of ----- or on Landlord's ownershipbehalf, maintenancein respect of the use, operationmanagement, repair, replacement service, insurance, condition, operation and administration maintenance of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Lease, Building including, but not limited toto the following: (a) salaries, rent interruption insurancewages and benefits of all persons who perform duties in connection with landscaping, parking, janitorial and general cleaning services, security services and any deductible amount applicable and all other employees engaged by or on behalf of Landlord but for the following: compensation paid (i) to any claim made by officers or executives of the Landlord under above the grade of property manager or (ii) to employees below the grade of property manager to the extent their time or services are employed outside the building; (b) payroll taxes, workmen's compensation, uniforms and related expenses for such insuranceemployees; (c) the cost of securityall charges for oil, janitorialgas, landscapingsteam, window Cleaningelectricity, garbage removal any alternate source of energy, heat, ventilation, air-conditioning, refrigeration, water, sewer service, trash collection, pest control and trash removal servicesall other utilities, together with any taxes on such utilities; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systemspainting non-tenant space; (e) the cost of all gascharges for rent, watercasualty, sewerliability, electricityfidelity and other insurance maintained by Landlord, telephone and including any other utilities used in the maintenance, operation or administration of the Office Buildingdeductible amounts incurred with respect to an insured loss; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any all supplies (including cleaning supplies), tools, materials, equipment and personal property, the rental of the foregoing servicespersonal property and sales, transaction privilege, excise and other taxes on the personal property; (g) auditing, accounting depreciation of hand tools and legal fees and costsother moveable equipment; (h) the cost of repairingall charges for window and other cleaning, replacing, operating and maintaining the Office Buildingjanitorial, and the equipment serving the Office Buildingsecurity services; (i) the cost of charges for independent contractors; but for: any cost representing an amount paid for services or materials to a related person, firm, or entity to the rental of any equipment and signs (not including Tenant's signage)extent such amount exceeds the amount that would be paid for such services or materials at the then existing market rates to an unrelated person, firm, or corporation; (j) amortization the cog of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined repairs and replacements made by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above its expense and the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publicationfees and other charges for maintenance and service agreements; (k) the cost of exterior and interior landscaping, (l) costs relating to the operation and maintenance of all management fees; (I) administration costs real property and feesimprovements appurtenant to the Building including, without limitation, all parking areas, service areas, walkways and landscaping; (m) the cost of alterations and improvements made by reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (n) all management fees and other charges for management services and overhead costs, (but in no event in excess of 4% of gross rental collections) whether provided by an independent management company, Landlord or an affiliate of Landlord, not to exceed, however, the then prevailing range of rates charged in comparable office buildings in the metropolitan area set forth in Article 1.20; ------------ (o) the cost of any capital expenditures improvements or additions which are required by law and/or which result in a substantial labor intended to enhance the safety of the Building or cost saving device reduce (or operationavoid increases in) Operating Costs, in which case the capital expenditures provided, however, that any such costs shall be amortized with interest over the useful life of the improvement or addition; (10p) years the cost of licenses and included by Landlord permits, inspection fees and reasonable legal, accounting and other professional fees and expenses; (q) taxes (as defined below); and (r) all other charges properly allocable to conduct any environmental tests required by State or Federal Lawthe use, including administrative agenciesmanagement, or by Landlordrepair, service, insurance, condition, operation and maintenance of the Building in accordance with generally accepted accounting principles.
Appears in 1 contract
Operating Costs Defined. The term “Operating Costs shall mean any amounts paid or payableCosts” means all costs, whether by expenses and disbursements (subject to the limitations set forth below) that Landlord or by others on behalf of Landlord, arising out of Landlord's incurs (without duplication) in connection with the ownership, maintenance, operation, repair, replacement and administration maintenance of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain Project and performing Landlord’s obligations under this Lease, includingin each case, but not limited todetermined in accordance with sound accounting principles consistently applied, rent interruption insuranceincluding the following costs: (A) Landlord’s reasonable allocation of wages and salaries of all employees at or below the grade of general manager engaged to perform Landlord’s rights and obligations under this Lease and supervise Tenant’s obligations under this Lease (including accounting personnel), including taxes, insurance and benefits relating thereto; (B) all supplies, materials and computer software licenses used in the operation, maintenance, repair, replacement, and any deductible amount applicable to any claim made by Landlord under such insurancesecurity of the Project; (cC) insurance expenses, including the cost of security, janitorial, landscaping, window Cleaning, garbage removal and trash removal servicesany commercially reasonable deductibles; (dD) repairs, replacements, and general maintenance of the cost Project performed by or on behalf of heating, ventilating and air conditioning Landlord pursuant to the extent incurred with respect to Common Areas or with respect to any shared systemsthis Lease; (eE) service and maintenance fees (payable to Landlord, Landlord’s affiliate or a third-party management company) for the cost of all gas, water, sewer, electricity, telephone and any other utilities used in the maintenance, operation or administration of the Office Building; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repairoperation, maintenance, operationmanagement, leasingrepair, securityreplacement, supervision or cleaning security of the Office Project performed by or on behalf of Landlord pursuant to this Lease (including window cleaning); and (F) assessments and charges from any applicable property owner’s association or under any restrictive covenant, declaration of covenants, restrictions and easements or other similar private agreement. Operating Costs and Taxes for the multi-building complex of which the Building is a part, consisting of the Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors two buildings to perform any of the foregoing services; (g) auditing, accounting and legal fees and costs; (h) the cost of repairing, replacing, operating and maintaining the Office Building, and the equipment serving the Office Building; (i) the cost of the rental of any equipment and signs (not including Tenant's signage); (j) amortization of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined be constructed by Landlord in accordance with sound accounting principlesthe New Buildings Lease (defined below), together and, to the extent owned by Landlord or one of its Affiliates, the building located at 0000 Xxxxxxxxxx Xxxxx, Xxxxxx, Xxxxxxx X0X 0X0 (collectively, the “related complex”) shall be prorated and allocated equitably among the Project and the other buildings of the related complex, as reasonably determined by Landlord in compliance with interest the terms of this Lease. Landlord and Tenant acknowledge that the Land is in the process of being subdivided in accordance with the reference plan attached hereto as Exhibit A. To the extent the subdivision process is not finalized prior to the Lease Date, Operating Costs and Taxes shall exclude Operating Costs and Taxes attributable to that portion of the Land subject to future development that is subject to such subdivision. Operating Costs shall not include (i) costs for general maintenance paid by proceeds of insurance (or which would have been covered by insurance if Landlord had carried the insurance required under Section 11.2 of this Lease) and any other amounts recovered by Landlord or the owner of the Land from a third party, including input tax credits, expropriation awards, refunds, guarantees or warranties; (ii) interest, fees, penalties, amortization or other payments on loans to Landlord or on any unamortized balance other amounts owing by Landlord on loans to Landlord; (iii) depreciation; (iv) leasing commissions; (v) legal expenses for services, other than those that benefit the Project tenants generally (e.g., tax disputes and negotiation of vendor contracts); (vi) Taxes; (vii) any income taxes, including those imposed on or measured by the income of Landlord from the operation of the Project (including, without limitation, capital taxes); (viii) any advertising, marketing or promotional expenses, commissions, incentives, inducements, allowances and other costs in connection with the leasing of any available space for prospective tenants; (ix) reserves for Operating Costs; (x) the cost to Landlord of any work or services performed in any instances for any tenant (including Tenant) at the sole cost of such tenant (including Tenant); (xi) expenses incurred in connection with any financing, sale or syndication of the Project or any part(s) thereof; (xii) Landlord’s general corporate overhead and general administrative expenses not directly related to the operation, management or maintenance of the Project; (xiii) any fines or penalties incurred due to violations by Landlord of any Laws, governmental rule or authority; (xiv) costs calculated at three percent of investigation, remediation or removal of Hazardous Materials pursuant to Laws in existence (3%and as interpreted) per annum as of the Lease Date or arising thereafter to the extent not caused or contributed to by any Tenant Party; (xv) cost of repairs, alterations or replacements caused by the exercise of rights of expropriation, condemnation or eminent domain; (xvi) any expense or costs associated with bringing the Project into compliance with any Law in effect and applicable to the Project as of the Lease Date; (xvii) compensation paid to any employee of Landlord above the "Prime Rate" during the period grade of calculationgeneral manager; (xviii) costs relating to maintaining Landlord’s corporate existence; (xix) any base rent or other payments under any ground lease, as stated other than pass-through expenses and taxes that would be included in the Wall Street Journaldefinition of Operating Costs or Taxes under this Lease; (xx) fees or other compensation paid to subsidiaries or Affiliates of Landlord for services on or to the Project to the extent that the costs of such services exceed competitive costs of such services; (xxi) political and charitable contributions; (xxii) the original or any future development costs of the Building, the Project and the related complex (including, for certainty, all costs incurred by or on behalf of Landlord or the owner of the Land in satisfying its or their initial construction-related obligations under any site plan agreement, site development, servicing agreement or other similar publication development agreement registered or affecting title to the Land or any other part of the related complex) and any other costs and expenses allocable to any lands held for future development; (xiii). all costs, expenses, damages, fines and penalties for which Landlord is liable by reason of the negligence or willful act or omission of Landlord or those for whom it is in law responsible or by reason of any breach or violation by Landlord of any covenant, term or provision contained in the event Lease or any other agreements entered into by Landlord in respect of the Wall Street Journal ceases publicationProject or the related complex (other than commercially reasonable insurance deductibles, which may be included in Operating Costs); (kxxiv) all Landlord’s general corporate overhead and general administrative expenses associated with the operation of the business of the ownership or entity which constitutes “Landlord” as distinguished from the costs of Project operations, management feesor maintenance; (Ixxv) administration costs and feesany capital expenditures other than those permitted pursuant to Section 4.2.3 below; (mxxvi) capital expenditures which the cost of any replacements to the Building’s Structure (other than the roof or roof membrane), except only where such replacements are required occasioned by law and/or which result in a substantial labor Tenant-Caused Replacements (the “Excluded Structural Costs”); and (xxvii) to the extent not caused or cost saving device or operationcontributed to by any Tenant Party, in which case the capital expenditures shall be amortized over costs of undertaking the Landlord Repair Obligations (10) years and included by Landlord to conduct any environmental tests required by State or Federal Law, including administrative agencies, or by Landlorddefined below).
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Operating Costs Defined. The term “Operating Costs shall mean any amounts paid or payableCosts” means all costs, whether by expenses and disbursements (subject to the limitations set forth below) that Landlord or by others on behalf of Landlord, arising out of Landlord's incurs (without duplication) in connection with the ownership, maintenance, operation, repair, replacement and administration maintenance of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain Project and performing Landlord’s obligations under this Lease, includingin each case, but not limited to, rent interruption insurance, and any deductible amount applicable to any claim made by Landlord under such insurance; (c) the cost of security, janitorial, landscaping, window Cleaning, garbage removal and trash removal services; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systems; (e) the cost of all gas, water, sewer, electricity, telephone and any other utilities used in the maintenance, operation or administration of the Office Building; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any of the foregoing services; (g) auditing, accounting and legal fees and costs; (h) the cost of repairing, replacing, operating and maintaining the Office Building, and the equipment serving the Office Building; (i) the cost of the rental of any equipment and signs (not including Tenant's signage); (j) amortization of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined by Landlord in accordance with sound accounting principlesprinciples consistently applied, together including the following costs: (A) Landlord’s reasonable allocation of wages and salaries of all employees at or below the grade of general manager engaged to perform Landlord’s rights and obligations under this Lease and supervise Tenant’s obligations under this Lease (including accounting personnel), including taxes, insurance and benefits relating thereto; (B) all supplies, materials and computer software licenses used in the operation, maintenance, repair, replacement, and security of the Project; (C) insurance expenses, including the cost of any commercially reasonable deductibles; (D) repairs, replacements, and general maintenance of the Project performed by or on behalf of Landlord pursuant to this Lease; (E) service and maintenance fees (payable to Landlord, Landlord’s affiliate or a third-party management company) for the operation, maintenance, management, repair, replacement, or security of the Project performed by or on behalf of Landlord pursuant to this Lease (including window cleaning); and (F) assessments and charges from any applicable property owner’s association or under any restrictive covenant, declaration of covenants, restrictions and easements or other similar private agreement. Operating Costs and Taxes for the multi-building complex of which the Buildings are a part, consisting of the Buildings, the building located at 0000 Xxxxxxxxxx Xxxxx, Xxxxxx, Xxxxxxx X0X 0X0 (the “5050 Building”), and, to the extent owned by Landlord or one of its Affiliates, the building located at 0000 Xxxxxxxxxx Xxxxx, Xxxxxx, Xxxxxxx X0X 0X0 (collectively, the “related complex”) shall be prorated and allocated equitably among the Project and the other buildings of the related complex, as reasonably determined by Landlord in compliance with interest the terms of this Lease. Landlord and Tenant acknowledge that the Land is in the process of being subdivided in accordance with the reference plan attached hereto as Exhibit A. To the extent the subdivision process is not finalized prior to the Lease Date, Operating Costs and Taxes shall exclude Operating Costs and Taxes attributable to that portion of the Land subject to future development that is subject to such subdivision. Once the subdivision of the Land is finalized, Tenant shall, within ten business days following Landlord’s request, enter into amendments to this Lease and other documents executed in connection herewith to replace the legal description of the Land attached as Exhibit C hereto (or such other ancillary document) with the new legal description following such subdivision. Operating Costs shall not include (i) costs for general maintenance paid by proceeds of insurance (or which would have been covered by insurance if Landlord had carried the insurance required under Section 11.2 of this Lease) and any other amounts recovered by Landlord or the owner of the Land from a third party, including input tax credits, expropriation awards, refunds, guarantees or warranties; (ii) interest, fees, penalties, amortization or other payments on loans to Landlord or on any unamortized balance other amounts owing by Landlord on loans to Landlord; (iii) depreciation; (iv) leasing commissions; (v) legal expenses for services, other than those that benefit the Project tenants generally (e.g., tax disputes and negotiation of vendor contracts); (vi) Taxes; (vii) any income taxes, including those imposed on or measured by the income of Landlord from the operation of the Project (including, without limitation, capital taxes); (viii) any advertising, marketing or promotional expenses, commissions, incentives, inducements, allowances and other costs in connection with the leasing of any available space for prospective tenants; (ix) reserves for Operating Costs; (x) the cost to Landlord of any work or services performed in any instances for any tenant (including Tenant) at the sole cost of such tenant (including Tenant); (xi) expenses (including interest costs) incurred in connection with any financing, sale or syndication of the Project or any part(s) thereof; (xii) Landlord’s general corporate overhead and general administrative expenses not directly related to the operation, management or maintenance of the Project; (xiii) any fines or penalties incurred due to violations by Landlord of any Laws, governmental rule or authority; (xiv) costs calculated at three percent of investigation, remediation or removal of Hazardous Materials pursuant to Laws in existence (3%and as interpreted) per annum as of the Building B Turnover Date or Building C Turnover Date, as applicable, or arising thereafter to the extent not caused or contributed to by any Tenant Party; (xv) cost of repairs, alterations or replacements caused by the exercise of rights of expropriation, condemnation or eminent domain; (xvi) any expense or costs associated with bringing the Project into compliance with any Law in effect and applicable to the Project as of the Building B Turnover Date or Building C Turnover Date, as applicable; (xvii) compensation paid to any employee of Landlord above the "Prime Rate" during the period grade of calculationgeneral manager; (xviii) costs relating to maintaining Landlord’s corporate existence; (xix) any base rent or other payments under any ground lease, as stated other than pass-through expenses and taxes that would be included in the Wall Street Journaldefinition of Operating Costs or Taxes under this Lease; (xx) fees or other compensation paid to subsidiaries or Affiliates of Landlord for services on or to the Project to the extent that the costs of such services exceed competitive costs of such services; (xxi) political and charitable contributions; (xxii) the original or any future development costs of the Buildings, the Project and the related complex (including, for certainty, all costs incurred by or on behalf of Landlord or the owner of the Land in satisfying its or their initial construction-related obligations under any site plan agreement, site development, servicing agreement or other similar publication development agreement registered or affecting title to the Land or any other part of the related complex) and any other costs and expenses allocable to any lands held for future development; (xxiii) all costs, expenses, damages, fines and penalties for which Landlord is liable by reason of the negligence or wilful act or omission of Landlord or those for whom it is in law responsible or by reason of any breach or violation by Landlord of any covenant, term or provision contained in the event Lease or any other agreements entered into by Landlord in respect of the Wall Street Journal ceases publicationProject or the related complex (other than commercially reasonable insurance deductibles, which may be included in Operating Costs); (kxxiv) all Landlord’s general corporate overhead and general administrative expenses associated with the operation of the business of the ownership or entity which constitutes “Landlord” as distinguished from the costs of Project operations, management feesor maintenance; (Ixxv) administration costs and feesany capital expenditures other than those permitted pursuant to Section 4.2.3 below; (mxxvi) capital expenditures which the cost of any replacements to the Building’s Structure (other than the roof or roof membrane), except only where such replacements are required occasioned by law and/or which result in a substantial labor Tenant-Caused Replacements (the “Excluded Structural Costs”); and (xxvii) to the extent not caused or cost saving device or operationcontributed to by any Tenant Party, in which case the capital expenditures shall be amortized over costs of undertaking the Landlord Repair Obligations (10) years and included by Landlord to conduct any environmental tests required by State or Federal Law, including administrative agencies, or by Landlorddefined below).
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Operating Costs Defined. Operating Costs shall mean any amounts paid Subject to reimbursement as set forth in Section 4.03, Landlord will at its expense operate and maintain, or payablecause to be operated and maintained, whether by Landlord or by others on behalf the Common Areas. For the purposes of Landlord, arising out of Landlord's ownership, maintenance, operation, repair, replacement and administration of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Lease, "Operating Costs" shall be those costs of operating, repairing, maintaining, upgrading, improving, and replacing the Common Areas in a manner deemed by Landlord to be reasonable and appropriate including, but not limited to, rent interruption all costs and expenses, whether expended or incurred, of operating, repairing, replacing, lighting, cleaning, painting and maintaining (including, but not limited to preventive maintenance) such Common Areas and the Shopping Center and insuring the same with such policies and companies and in such limits as selected by Landlord (including, but not limited to, fire insurance with extended coverage, liability insurance covering personal injury, deaths and property damage with a personal injury endorsement covering false arrest, detention or imprisonment, malicious prosecution, libel and slander, and wrongful entry or eviction, worker's compensation insurance, plate glass insurance, contractual liability insurance and fidelity bonds, plus the amount of any deductible amount applicable paid by Landlord, but excluding the insurance referred to any claim made by Landlord under such insurancein Section 3.05 hereof); removing snow, ice, rubbish and debris; inspecting, policing, providing security and regulating traffic; rental of sweepers, trucks and other equipment; depreciation (cover a period not exceeding sixty [60] months) of machinery and equipment and other non-real estate assets used in the cost operation and maintenance of securitythe Shopping Center; repairing and/or replacing of paving, janitorialparking areas, roofs, curbs, walkways, entranceways, landscaping, window Cleaningdrainage, garbage removal and trash removal services; (d) the cost of on-site water lines, sanitary sewer lines, storm water lines, heating, ventilating and air air-conditioning to systems, floors, floor coverings, canopies, skylights, lighting fixtures, lamps, decorative coverings, fountains, escalators, electrical lines and other equipment serving the extent incurred with respect to property on which the Shopping Center or any part thereof is constructed; heating, ventilating and air-conditioning enclosed Common Areas at the same rate Landlord charges to tenants; uniforms and replacement of uniforms; the rental of music programs, services and loudspeaker systems including the furnishing of electricity therefor; all costs incurred by Landlord in compliance with any environmental or with respect to any shared systems; (e) other similar laws, rules, regulations, guidelines or orders, including the cost of all gas, water, sewer, electricity, telephone and any other utilities used in removing hazardous materials from the maintenance, operation or administration of the Office BuildingShopping Center; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors obtaining and operating public transportation or shuttle bus systems used in connection with bringing customers to perform any the Shopping Center; the gross compensation and fringe benefits of the foregoing services; (g) auditingmall manager, accounting the mall office personnel and legal fees all other on-site personnel required to supervise and costs; (h) the cost of repairing, replacing, operating and maintaining the Office Building, and the equipment serving the Office Building; (i) the cost of the rental of any equipment and signs (not including Tenant's signage); (j) amortization of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publication; (k) all management fees; (I) administration costs and fees; (m) capital expenditures which are required by law and/or which result in a substantial labor or cost saving device or operation, in which case the capital expenditures shall be amortized over (10) years and included by Landlord to conduct any environmental tests required by State or Federal Law, including administrative agencies, or by Landlord.accomplish
Appears in 1 contract
Operating Costs Defined. Operating Costs shall mean any amounts paid or payable, whether by Landlord or by others on behalf of Landlord, arising out of Landlord's ownership, maintenance, operation, repair, replacement and administration of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Lease, including, but not limited to, rent interruption insurance, and any deductible amount applicable to any claim made by Landlord under such insurance; (c) the cost of security, janitorial, landscaping, window Cleaningcleaning, garbage removal and trash removal services; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systems; (e) the cost of all gas, water, sewer, electricity, telephone and any other utilities used in the maintenance, operation or administration of the Office Building; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any of the foregoing services; (g) auditing, accounting and legal fees and costs; (h) the cost of repairing, replacing, operating and maintaining the Office Building, and the equipment serving the Office Building; (i) the cost of the rental of any equipment and signs (not including Tenant's signage); (j) amortization of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publication; (k) all management fees; (Il) administration costs and fees; (m) capital expenditures which are required by law and/or which result in a substantial labor or cost saving device or operation, in which case the capital expenditures shall be amortized over (10) years and included by Landlord to conduct any environmental tests required by State or Federal Law, including administrative agencies, or by Landlord.
Appears in 1 contract
Samples: Short Term Lease Agreement (Outlook Sports Technology Inc)
Operating Costs Defined. For the purposes of this Lease, "Operating Costs Costs" shall mean any amounts all costs and expenses accrued, paid or payable, whether incurred by Landlord or by others on behalf of Landlord, arising out of or on Landlord's ownershipbehalf, maintenancein respect of the use, operationmanagement, repair, replacement service, insurance, condition, operation and administration maintenance of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Lease, Building including, but not limited toto the following: (a) salaries, rent interruption insurancewages and benefits of all persons who perform duties in connection with landscaping, parking, janitorial and general cleaning services, security services and any deductible amount applicable to any claim made and all other employees engaged by Landlord under or on behalf of Landlord; (b) payroll taxes, workmen's compensation, uniforms and related expenses for such insuranceemployees; (c) the cost of securityall charges for oil, janitorialgas, landscapingsteam, window Cleaningelectricity, garbage removal any alternate source of energy, heat, ventilation, air-conditioning, refrigeration, water, sewer service, trash collection, pest control and trash removal servicesall other utilities, together with any taxes on such utilities; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systemspainting non-tenant space; (e) the cost of all gascharges for rent, watercasualty, sewerliability, electricityfidelity and other insurance maintained by Landlord, telephone and including any other utilities used in the maintenance, operation or administration of the Office Buildingdeductible amounts incurred with respect to an insured loss; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any all supplies (including cleaning supplies), tools, materials, equipment and personal property, the rental of the foregoing servicespersonal property and sales, transaction privilege, excise and other taxes on the personal property; (g) auditing, accounting depreciation of hand tools and legal fees and costsother moveable equipment; (h) the cost of repairingall charges for window and other cleaning, replacing, operating and maintaining the Office Buildingjanitorial, and the equipment serving the Office Buildingsecurity services; (i) the cost of the rental of any equipment and signs (not including Tenant's signage)charges for independent contractors; (j) amortization the cost of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined repairs and replacements made by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above its expense and the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publicationfees and other charges for maintenance and service agreements; (k) all management feesthe cost of exterior and interior landscaping; (Il) administration costs relating to the operation and feesmaintenance of all real property and improvements appurtenant to the Building including, without limitation, all parking areas, service areas, walkways and landscaping; (m) the cost of alterations and improvements made by reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (n) all management fees and other charges for management services and overhead costs (including travel and related expenses), whether provided by an independent management company, Landlord or an affiliate of Landlord, not to exceed, however, the then prevailing range of rates charged in comparable office buildings in the metropolitan area set forth in Article 1.20; (o) the cost of any capital expenditures improvements or additions which are required by law and/or which result in a substantial labor improve the comfort or cost saving device or operationamenities available to tenants of the Building, in which case the capital expenditures provided, however, that any such costs shall be amortized with interest over the useful life of the improvement or addition; (10p) years the cost of any capital improvements or additions which are intended to enhance the safety of the Building or reduce (or avoid increases in) Operating Costs, provided, however, that any such costs shall be amortized with interest over the useful life of the improvement or addition; (q) the cost of licenses and included by Landlord permits, inspection fees and reasonable legal, accounting and other professional fees and expenses; (r) taxes (as defined below); and (s) all other charges properly allocable to conduct any environmental tests required by State or Federal Lawthe use, including administrative agenciesmanagement, or by Landlordrepair, service, insurance, condition, operation and maintenance of the Building in accordance with generally accepted accounting principles.
Appears in 1 contract
Samples: Office Lease (Ip Voice Com Inc)
Operating Costs Defined. For the purposes of this Lease, "Operating Costs Costs" shall mean any amounts all costs and expenses accrued, paid or payable, whether incurred by Landlord or by others on behalf of Landlord, arising out of or on Landlord's ownershipbehalf, maintenancein respect of the use, operationmanagement, repair, replacement service, insurance, condition, operation and administration maintenance of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Lease, Building including, but not limited toto the following: (a) salaries, rent interruption insurancewages and benefits of all persons who perform duties in connection with landscaping, parking, janitorial and general cleaning services, security services and any deductible amount applicable to any claim made and all other employees engaged by Landlord under or on behalf of Landlord; (b) payroll taxes, workmen's compensation, uniforms and related expenses for such insuranceemployees; (c) the cost of securityall charges for oil, janitorialgas, landscapingsteam, window Cleaningelectricity, garbage removal any alternate source of energy, heat, ventilation, air-conditioning, refrigeration, water, sewer service, trash collection, pest control and trash removal servicesall other utilities, together with any taxes on such utilities; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systemspainting non-tenant space; (e) the cost of all gascharges for rent, watercasualty, sewerliability, electricityfidelity and other insurance maintained by Landlord, telephone and including any other utilities used in the maintenance, operation or administration of the Office Buildingdeductible amounts incurred with respect to an insured loss; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any all supplies (including cleaning supplies), tools, materials, equipment and personal property, the rental of the foregoing servicespersonal property and sales, transaction privilege, excise and other taxes on the personal property; (g) auditing, accounting depreciation of hand tools and legal fees and costsother moveable equipment; (h) the cost of repairingall charges for window and other cleaning, replacing, operating and maintaining the Office Buildingjanitorial, and the equipment serving the Office Buildingsecurity services; (i) the cost of the rental of any equipment and signs (not including Tenant's signage)charges for independent contractors; (j) amortization the cost of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined repairs and replacements made by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above its expense and the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publicationfees and other charges for maintenance and service agreements; (k) all management feesthe cost of exterior and interior landscaping; (Il) administration costs relating to the operation and feesmaintenance of all real property and improvements appurtenant to the Building including, without limitation, all parking areas, service areas, walkways and landscaping including snow removal services; (m) the cost of alterations and improvements made by reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (n) all reasonable management fees and other charges for management services and overhead costs, whether provided by an independent management company, Landlord or an affiliate of Landlord, not to exceed, however, the then prevailing range of rates charged in comparable office buildings in the metropolitan area set forth in Article 1.20; (o) the cost of any capital expenditures improvements or additions which are required by law and/or which result in a substantial labor improve the comfort or cost saving device or operationamenities available to tenants of the Building, in which case the capital expenditures provided, however, that any such costs shall be amortized with interest over the useful life of the improvement or addition; (10p) years the cost of any capital improvements or additions which are intended to enhance the safety of the Building or reduce (or avoid increases in) Operating Costs, provided, however, that any such costs shall be amortized with interest over the useful life of the improvement or addition; (q) the cost of licenses and included by Landlord permits, inspection fees and reasonable legal, accounting and other professional fees and expenses; (r) taxes (as defined below); and (s) all other charges properly allocable to conduct any environmental tests required by State or Federal Lawthe use, including administrative agenciesmanagement, or by Landlordrepair, service, insurance, condition, operation and maintenance of the Building in accordance with generally accepted accounting principles.
Appears in 1 contract
Operating Costs Defined. For the purposes of this Lease, “Operating Costs Costs” shall mean any amounts all costs and expenses accrued, paid or payable, whether incurred by Landlord or by others on behalf of Landlord, arising out or on Landlord’s behalf, in respect of Landlord's ownershipthe use, maintenance, operationmanagement, repair, replacement service, insurance, condition, operation and administration maintenance of the Office Building, including, without limitation: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Lease, Building including, but not limited toto the following: (a) salaries, rent interruption insurancewages and benefits of all persons who perform duties in connection with landscaping, parking, janitorial and general cleaning services, security services and any deductible amount applicable to any claim made and all other employees engaged by Landlord under or on behalf of Landlord; (b) payroll taxes, workmen’s compensation, uniforms and related expenses for such insuranceemployees; (c) the cost of securityall charges for oil, janitorialgas, landscapingsteam, window Cleaningelectricity, garbage removal any alternate source of energy, heat, ventilation, air-conditioning, refrigeration, water, sewer service, trash collection, pest control and trash removal servicesall other utilities, together with any taxes on such utilities; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systemspainting non-tenant space; (e) the cost of all gascharges for rent, watercasualty, sewerliability, electricityfidelity and other insurance maintained by Landlord, telephone and including any other utilities used in the maintenance, operation or administration of the Office Buildingdeductible amounts incurred with respect to an insured loss; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any all supplies (including cleaning supplies), tools, materials, equipment and personal property, the rental of the foregoing servicespersonal property and sales, transaction privilege, excise and other taxes on the personal property; (g) auditing, accounting depreciation of hand tools and legal fees and costsother moveable equipment; (h) the cost of repairingall charges for window and other cleaning, replacing, operating and maintaining the Office Buildingjanitorial, and the equipment serving the Office Buildingsecurity services; (i) the cost of the rental of any equipment and signs (not including Tenant's signage)charges for independent contractors; (j) amortization the cost of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined repairs and replacements made by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above its expense and the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publicationfees and other charges for maintenance and service agreements; (k) all management feesthe cost of exterior and interior landscaping; (Il) administration costs relating to the operation and feesmaintenance of all real property and improvements appurtenant to the Building including, without limitation, all parking areas, service areas, walkways and landscaping; (m) capital expenditures which are required the cost of alterations and improvements made by law and/or which result reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (n) all management fees and other charges for management services and overhead costs (including travel and related expenses), whether provided by an independent management company, Landlord or an affiliate of Landlord, not to exceed, however, the then prevailing range of rates charged in a substantial labor or comparable office buildings in the metropolitan area set forth in Article 1.20; (o) the cost saving device or operationof licenses and permits, inspection fees and reasonable legal, accounting and other professional fees and expenses; (p) taxes (as defined below); and (q) all other charges properly allocable to the use, management, repair, service, insurance, condition, operation and maintenance of the Building in which case the capital expenditures shall be amortized over (10) years and included by Landlord to conduct any environmental tests required by State or Federal Law, including administrative agencies, or by Landlordaccordance with generally accepted accounting principles.
Appears in 1 contract
Samples: Office Lease (Revelstone Capital Acquisition Corp.)
Operating Costs Defined. As used in this Paragraph 7, "Operating Costs Expenses" shall mean any amounts paid or payable, whether and all sums expended by Landlord directly or by others on behalf of Landlord, arising out of Landlord's ownership, indirectly for the maintenance, operationmanagement, repair, replacement and administration operation of the Office Building, including, without limitationlimiting the foregoing: (a) the cost of taxes including all costs associated with the appeal of any assessment on taxes; (b) the cost of insurance which Landlord is obligated or permitted to obtain under this Leasewages, includingsalaries, but not limited to, rent interruption insuranceemployee benefits, and any deductible amount applicable to any claim made by Landlord under such insurancepayroll burden of personnel engaged in management, operation and maintenance of the Building; (c) the cost Building management office rent or rental value; costs of securitypower, janitorialheat, landscapinglight, window Cleaningsteam, garbage removal and trash removal services; (d) the cost of heatingair conditioning, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systems; (e) the cost of all gas, water, sewergarbage, electricitysewage and waste disposal and other utilities; costs of equipment, telephone tools, materials and supplies; all insurance premiums and deductibles; license, permit and inspection fees; amounts paid under maintenance contracts and for general services; depreciation on, or rental of, personal property; reasonable replacement reserves; the costs of resurfacing, repainting, cleaning, sweeping and repairing the parking lot areas; costs of repairing or replacement of debris receptacles; landscaping costs including maintenance, watering and the replacement or addition of plants; cost of directional signs, other markers, and car stops; all costs of keeping the exterior walls, foundations, down spouts, roofs, plumbing, sewage systems, electrical, and heating and air conditioning systems in the Building in good order, condition and repair; any and all parking charges, surcharges or any other costs levied by any governmental authority on the Building, or the rents generated therefrom, or the utilities used consumed therein or similar matters; reasonable management fees; and the cost (hereinafter "capital cost") of any capital improvements made to the Building by Landlord that (i) reduce Operating Expenses or that reduce or conserve the amount of utilities consumed, (ii) are required under any Legal Requirements that were not applicable to the Building at the time this Lease was entered into, or (iii) are required to keep the Building and the common areas therein, in the maintenancegood order, operation or administration of the Office Building; (f) salariescondition, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any each of the foregoing services; (g) auditing, accounting and legal fees and costs; (h) the cost of repairing, replacing, operating and maintaining the Office Building, and the equipment serving the Office Building; (i) the cost of the rental of any equipment and signs (not including Tenant's signage); (j) amortization of the capital costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all be amortized over such reasonable period as determined by Landlord in accordance with sound accounting principles, shall determine together with interest on any the unamortized balance at the rate of such costs calculated at three ten percent (310%) per annum above year or such higher rate as may have been paid by Landlord on funds borrowed for the "Prime Rate" purpose of constructing such capital improvements. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury or property damage in, on, or around the Property. Operating Expenses shall not include (i) capital improvements (except as otherwise provided above); (ii) costs of special services rendered to individual tenants (including Tenant) for which a special charge is made; (iii) interest and principal payments on loans or indebtedness secured by the Building and any rent paid on any ground or underlying lease; (iv) costs of improvements for Tenant or other tenants of the Building; (v) costs of services or other benefits of a type which are not available to Tenant but which are available to other tenants or occupants, and costs for which Landlord is reimbursed by other tenants of the Building other than through payment of tenants' shares of increases in Operating Costs and Taxes; (vi) advertising, leasing commissions, attorneys' fees and other expenses incurred in connection with leasing space in the Building or enforcing such leases; (vii) depreciation or amortization, other than as specifically enumerated in the definition of Operating Costs above; (viii) costs for which Landlord actually receives reimbursement from parties other than current or former tenants of the Building; (ix) costs relating to the abatement of Hazardous Materials, except such costs as are incurred in the ordinary course of maintaining and repairing the Building, or (x) insurance deductibles to the extent they exceed the higher of (1) $50,000 or (2) such amounts as are commercially reasonable with respect to office buildings equivalent to the Building located in the financial district of San Francisco. In addition, if the Base Year Operating Expenses do not include earthquake insurance and Landlord subsequently elects, at its sole discretion, to carry earthquake insurance, the cost that Landlord would have incurred in the Base Year had it carried earthquake insurance during the period of calculationBase Year shall be imputed into the Base Year Operating Expenses. Likewise, as stated if Landlord carries earthquake insurance in the Wall Street JournalBase Year but elects, or similar publication in its sole discretion, not to carry such insurance in a subseouent year, the cost of such earthquake insurance in the event the Wall Street Journal ceases publication; (k) all management fees; (I) administration costs and fees; (m) capital expenditures which are required by law and/or which result in a substantial labor or cost saving device or operation, in which case the capital expenditures Base Year shall be amortized over (10) years and included by Landlord deducted from the Base Year Operating Expenses for the purposes of determining Tenant's Share of Operating Expenses in such subsequent year. For any period during which 100% of the rentable square footage comprising the Building is not leased, Operating Expenses shall be adjusted to conduct any environmental tests required by State or Federal Law, including administrative agencies, or by equal Landlord's reasonable estimate of what Operating Expenses would be had the total rentable area of the Building been occupied during such period.
Appears in 1 contract
Samples: Office Lease (Electronic Arts Inc)
Operating Costs Defined. As used in this, Landlord's Operating Costs shall mean any amounts the following expenses paid or payableby Landlord in connection with the operation, repair and maintenance of the land and improvements in which the leased premises are situated, to the extent that such costs are not paid directly by the Tenant pursuant to the lease, whether by Landlord such costs allocable to the building or by others the land on behalf of Landlord, arising out of Landlord's ownership, maintenance, operation, repair, replacement and administration of which the Office Building, including, without limitation: building is situated. Such costs include (a) the cost costs of taxes utilities, heating, air conditioning, and janitorial services (including all costs associated with trash removal) supplied to the appeal of any assessment on taxesbuilding; (b) all real property taxes (as defined in this lease) levied or assessed with respect to the cost of insurance which Landlord is obligated or permitted to obtain under this Leaseland, including, but not limited to, rent interruption insurance, the building and any deductible amount applicable to any claim made related improvements; (c) premiums for all casualty, public liability and other insurance maintained by Landlord under (other than earthquake insurance) and any losses suffered which fall below the deductible limits of such insurance; (d) any direct costs incurred by Landlord for security and fire protection; (e) all direct costs and expense incurred by Landlord in repairing or maintaining the building and any related improvements, including exterior finish (but excluding the costs the items specified in Subparagraphs (a), (c) the cost of security, janitorial, landscaping, window Cleaning, garbage removal and trash removal services; (d) of Section 12.1, below, except to the cost extent payable out of reserves maintained as provided herein); (f) the purchase, construction, and maintenance of refuse receptacles; (g) installing and maintaining plantings and landscaping, directional signs and other markers, car stops and the like; (h) real property management fees payable to third party property management firms in amounts that do not exceed two percent (2%) of the minimum monthly rent payable hereunder; and (i) reasonable reserves to be used for the replacement of the building roofs and major components of the heating, ventilating and air conditioning system and other machinery constituting an integral part of the building (collectively, the "Reserve Items"), and for resurfacing the parking lot located on the premises. The amount of such reserves shall be used to the extent incurred with respect to Common Areas or with respect to any shared systems; (e) pay for the cost of all gas, water, sewer, electricity, telephone and any other utilities used in the maintenance, operation or administration replacement of the Office Building; (f) salaries, wages Reserve Items and other amounts paid or payable for all personnel involved resurfacing the parking lot from time to time as necessary. The amount of such reserves charged as an Operating Cost in any one year shall not exceed the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the reasonably estimated cost of engaging independent contractors to perform any of the foregoing services; (g) auditing, accounting and legal fees and costs; (h) the cost of repairing, replacing, operating and maintaining the Office Building, and the equipment serving the Office Building; (i) the cost of the rental of any equipment and signs (not including Tenant's signage); (j) amortization of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined by Landlord in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, repair or similar publication in the event the Wall Street Journal ceases publication; (k) all management fees; (I) administration costs and fees; (m) capital expenditures which are required by law and/or which result in a substantial labor or cost saving device or operation, in which case the capital expenditures shall be replacement amortized over (10) years and included by Landlord to conduct any environmental tests required by State or Federal Law, including administrative agencies, or by Landlord.over
Appears in 1 contract
Samples: Free Standing Commercial Building Lease (Star Telecommunications Inc)
Operating Costs Defined. For the purposes of this Lease, "Operating Costs ------------------------- --------- Costs" shall mean any amounts all commercially reasonable and actual costs and expenses ----- accrued, paid or payableincurred by Landlord, whether or on Landlord's behalf, in respect of the use, management, repair, service, insurance, condition, operation and maintenance of the Project including, but not limited to the following:
(a) Salaries, wages and benefits of all persons who perform duties in connection with landscaping, parking, janitorial and general cleaning services for the Project Common Areas and Building Common Areas, security services and any and all other employees engaged by Landlord or by others on behalf of Landlord, arising out provided to reflect the actual amount of time spent performing duties in connection with the Project as opposed to other properties ;
(b) Prorated payroll taxes, workmen's compensation, uniforms and related expenses for such employees;
(c) The cost of all charges for oil, gas, electricity, any alternate source of energy, heat, ventilation, air-conditioning, refrigeration, water, sewer service, trash collection, termite and pest control and all other utilities, together with any taxes on such utilities provided to the Project Common Areas or the Building Common Areas;
(d) The cost of painting the Building Common Areas and Project Common Areas;
(e) The cost of all charges for rent, casualty, liability, fidelity and other insurance maintained by Landlord's ownership, maintenanceincluding any deductible amounts incurred with respect to an insured loss (subject to Section 6.4 hereof); -----------
(f) The cost of all supplies (including cleaning supplies), operationtools, repairmaterials, replacement equipment and administration personal property, the rental thereof and sales, transaction privilege, excise and other taxes thereon;
(g) Depreciation of hand tools and other moveable equipment;
(h) The cost of all charges for window and other cleaning, janitorial, security, refuse and lot sweeping;
(i) The cost of charges for independent contractors;
(j) The cost of repairs and replacements made by Landlord at its expense and the Office Buildingfees and other charges for maintenance and service agreements;
(k) The cost of exterior and interior landscaping;
(l) Costs relating to the operation and maintenance of all real property and improvements appurtenant to the Project, including, without limitation: , all parking areas, service areas, walkways and landscaping;
(am) the The cost of taxes including all costs associated with alterations and improvements made by reason of the appeal laws and requirements of any assessment public authorities or the requirements of insurance bodies not in effect on taxes; the Commencement Date;
(bn) All management fees and other charges for management services and overhead costs (including travel and related expenses), whether provided by an independent management company, Landlord or an affiliate of Landlord, not to exceed, however, the then prevailing range of rates charged in comparable office buildings in the Phoenix, Arizona metropolitan area;
(p) The cost of insurance any capital improvements or additions which Landlord is obligated are intended to enhance the safety of the Project or permitted to obtain under this Leasereduce (or avoid increases in) Operating Costs, includingprovided, but not limited tohowever, rent interruption insurance, and that any deductible amount applicable to any claim made by Landlord under such insurance; costs shall be amortized in accordance with GAAP with interest over the useful life of the improvement or addition;
(cq) the The cost of securitylicenses and permits, janitorial, landscaping, window Cleaning, garbage removal inspection fees and trash removal services; (d) the cost of heating, ventilating and air conditioning to the extent incurred with respect to Common Areas or with respect to any shared systems; (e) the cost of all gas, water, sewer, electricity, telephone and any other utilities used in the maintenance, operation or administration of the Office Building; (f) salaries, wages and other amounts paid or payable for all personnel involved in the repair, maintenance, operation, leasing, security, supervision or cleaning of the Office Building, including fringe benefits, unemployment and workmen's compensation insurance premiums, pension plan contributions and other employment costs, as well as the cost of engaging independent contractors to perform any of the foregoing services; (g) auditingreasonable legal, accounting and legal other professional fees and costs; expenses;
(hr) Taxes (as hereinafter defined);
(s) Costs relating to the cost use, management, repair, service, insurance, condition, operation and maintenance of repairing, replacing, operating the Project Common Areas;
(t) Costs of monitoring and maintaining good internal air quality in the Office Building and regularly inspecting, monitoring, maintaining and repairing the Building's air quality systems, hiring outside consultants to investigate and identify the sources of any suspected internal air quality problems that may be identified, remedying any such problems, modifying, renovating or encapsulating any portion of the Building, or systems or components thereof reasonably required in order to continuously and efficiently maintain reasonably acceptable internal air quality in the equipment serving Building and comply with any and all local, state and federal regulations, or real estate industry standards relating to internal air quality; and
(u) All other charges properly allocable to the Office Building; (i) the cost use, management, repair, service, insurance, condition, operation and maintenance of the rental of any equipment and signs (not including Tenant's signage); (j) amortization of the costs referred to in subsection (h) immediately above to the extent not charged fully in the year in which they are incurred, all as determined by Landlord Project in accordance with sound accounting principles, together with interest on any unamortized balance of such costs calculated at three percent (3%) per annum above the "Prime Rate" during the period of calculation, as stated in the Wall Street Journal, or similar publication in the event the Wall Street Journal ceases publication; (k) all management fees; (I) administration costs and fees; (m) capital expenditures which are required by law and/or which result in a substantial labor or cost saving device or operation, in which case the capital expenditures shall be amortized over (10) years and included by Landlord to conduct any environmental tests required by State or Federal Law, including administrative agencies, or by LandlordGAAP.
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Samples: Office Lease (CBT Group PLC)
